I-485 Queue based on Place of birth

[mumbai_11]

Hi,

My employer is filing an employment based green card under EB-2 category. My place of birth is “India” and my wife’s place of birth is Iraq (she will be filing as dependent on my application).

As I am going to be the primary applicant and my wife will be filing in as dependent, will the cross-chargeability still apply, i.e. can we still charged to Iraqi Queue for I-485. And she is an Indian citizen (only was born in Iraq).

Thanks,

 

[fast_gc_seeker]

Hi,

My employer is filing an employment based green card under EB-2 category. My place of birth is “India” and my wife’s place of birth is Iraq (she will be filing as dependent on my application).

As I am going to be the primary applicant and my wife will be filing in as dependent, will the cross-chargeability still apply, i.e. can we still charged to Iraqi Queue for I-485. And she is an Indian citizen (only was born in Iraq).

Thanks,

adjudication of 485's are done based on country of birth.

since u r born in India you will be subjected to retrogression depending on ur PD.
ur wife is secondary applicant and thats why she will also be subjected to retrogression. however i heard that dependents cases "may be" adjudicated independently based on some new law. I dont know when this law will be into effect and other details about its terms and conditions.

 

[TheRealCanadian]

since u r born in India you will be subjected to retrogression depending on ur PD. ur wife is secondary applicant and thats why she will also be subjected to retrogression.

Absolutely incorrect. If the wife was born in Iraq they can claim Iraqi chargeability, but make sure it is marked in BOLD LETTERS on the cover letter and both I-485 forms.

 

[hadron]

Cross-chargeability applies, you are not affected by retrogression. Congrats.

You might be limited to consular processing as DOS allows cross-chargeability, USCIS seems to make a fuss about it. If you file I485 claiming cross-chargeability, make sure to have a cover letter with 32pt bold letters:

Please appply cross-chargeability:
Country of birth spouse: Iraq
Country of birth petitioner: India


(This is to keep the worker monkeys in the USCIS paper entry facility from stacking your application into one of the containers heading for the salt-mine.)